Common Lease

Since the first long lease was granted on the 16th January 1978 the form of the Common Lease has been regularly updated to keep it in line with current legislation and good estate management. However the terms and conditions which were included for the benefit of all residents have not changed.

This is the current form of the Common Lease : -
A pdf. copy can be downloaded here.

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THE COMMON L E A S E
Relating to a Flat on the BAM Estate, London NW
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H.M. LAND REGISTRY
LAND REGISTRATION ACTS 1925 to 2002
LONDON BOROUGH:      CAMDEN
TITLE NUMBERS: NGL 647545; NGL 54243; LN 89690; LN 116742; 128993; NGL 696972; LN 57574; NGL 746495; NGL 184511; 29625; NGL 874493

THIS LEASE is made the     day of Two thousand and
B E T W E E N B.A.M. ESTATE LIMITED whose registered offices are situate at 18b Avenue Mansions, Finchley Road, London NW3 hereinafter called "the Lessor") of the one part and the person or persons referred to in the Fourth Schedule hereto (hereinafter called "the Lessee") of the other part.
WHEREAS:-
(1) The Lessor owns the buildings and estate hereinafter referred to which consists of 21 blocks of Flats and communal gardens known as “The BAM Estate” being the land comprised in the title numbers above referred to (hereinafter called “the Estate”) including the freehold property consisting of the flats and rooms known as .... ......... Mansions, …….., London, NW… (hereinafter called “the Building”) being part of the said BAM Estate.
(2) The Lessor has previously granted a Lease of or intends to hereafter grant Leases of flats in the Building other than the premises hereby demised and the Lessor has in such Leases imposed or intends in such Leases to impose covenants and stipulations similar to those contained in Clauses 2 3 and 4 hereof to the intent that the Lessee for the time being of any flats in the Building may be able to enforce the observance of the said restrictions covenants and stipulations by the owner and occupiers for the time being of the other flats and rooms in the Building
(3) The Lessor has powers to provide certain services to and for the Lessees of the Estate and otherwise manage the same as hereinafter appearing
 
(4) The Lessor has agreed with the Lessee for the grant to the Lessee of a Lease of the property hereinafter described for the consideration at the rent and on the terms and conditions hereinafter appearing and the Lessee has agreed to take a share in the Lessor
 
NOW THIS DEED WITNESSETH as follows:-
 
1. IN pursuance of the said agreement and in consideration of the payment by the Lessee of the sum of ……….. POUNDS (…………) paid to the Lessor (the receipt of which sum is hereby acknowledged) and also of the rents and covenants hereinafter reserved and contained and on the part of the Lessee to be paid observed and performed the Lessor HEREBY DEMISES unto the Lessee
ALL THAT the flat referred to in the Fifth Schedule hereto the position and extent whereof is (for the purposes of identification only) shown on the plan annexed hereto and thereon edged red (hereinafter called “the demised premises”) and TOGETHER with the easements rights and privileges mentioned in the Second Schedule hereto Subject as therein mentioned EXCEPT AND RESERVING as mentioned in the Third Schedule hereto TO HOLD the said premises hereby demised unto the Lessee from the Twenty-fifth day of December Two Thousand and Three for a term of NINE HUNDRED AND NINETY NINE YEARS YIELDING AND PAYING therefore yearly during the said term the rent of A PEPPERCORN (hereinafter called “the rent”) payable (if required) by one payment in advance on the Twenty-fifth day of December in every year free from all deductions whatsoever.
2. THE Lessee HEREBY COVENANTS with the Lessor and with and for the benefit of the owners occupiers and Lessees from time to time during the currency of the term hereby created of the other flats comprised in the Building that the Lessee and the persons deriving title under him will at all times hereafter observe the restrictions set forth in the First Schedule hereto.
 
 
3. THE Lessee HEREBY COVENANTS with the Lessor as follows:-
 
(a) To pay the said rent during the said term hereby granted at the times and in manner aforesaid without any deduction
 
(b) To pay all rates taxes assessments charges impositions and outgoings which may at any time during the term hereby granted be assessed charged or imposed upon the demised premises or the owner or occupier in respect thereof and in the event of any rates taxes assessments charges impositions and outgoings being assessed charged or imposed in respect of the premises of which the demised premises form part to pay the proper proportions of such taxes assessments charges impositions and outgoings attributable to the demised premises
 
(c) To maintain uphold and keep the demised premises (other than the parts thereof referred to in the Sixth Schedule hereto) and all walls (except bearing walls) drains pipes cables wires and all windows panes and appurtenances thereto belonging and serving exclusively the demised premises in good and substantial repair and condition excepting damage caused by insured risks under the Policy referred to in clause 5(e) hereof unless it shall have been vitiated by any act or default of the Lessee
 
(d) In every seventh year of the said term and during the last year thereof to paint and decorate the interior of the demised premises
 
(e) To permit the Lessor and its Surveyors or Agents with or without workmen and others at all reasonable times except in case of emergency but not in any other case without Forty eight hours written notice to enter into and upon the demised premises or any part to view and examine the state and the condition thereof and to make good defects decays and wants of repair of which notice in writing shall be given by the Lessor to the Lessee and for which the Lessee may be liable hereunder within two months after the giving of such notice
 
(f) Not to make any structural alterations or structural additions to the demised premises nor to erect any new buildings thereon or remove any of the Landlord’s fixtures without the previous consent in writing of the Lessor such consent not to be unreasonably withheld and not in any event to connect any extra radiators into the central heating and/or hot water system
 
(g) To pay all costs charges and expenses (including Solicitors’ costs and Surveyors’ fees) incurred by the Lessor for the purpose of or incidental to the preparation and service of a notice under Section 146 and/or 147 of the Law of Property Act 1925 notwithstanding forfeiture may be avoided otherwise than by relief granted by the Court
 
(h) Forthwith after service upon the Lessee of any notice affecting the demised premises served by any person body or authority (other than the Lessor) to deliver a true copy thereof to the Lessor and if so required by the Lessor to join with the Lessor in making such representations to any such person body or authority concerning any proposals affecting the demised premises as the Lessor may consider desirable and to join with the Lessor in any such appeal against any order or direction affecting the demised premises as the Lessor may consider desirable.
 
(i) Within one calendar month after such document or instruments as is hereinafter mentioned shall be executed or shall operate or take effect or purport to operate or to take effect to produce to the Lessor’s Solicitors a certified copy of every transfer of this Lease or mortgage or legal charge of this Lease of the demised premises or any part thereof and also of every Probate Letters of Administration Order of Court or other instrument affecting or evidencing a devolution of title as regards the term hereby granted for the purpose of registration and for such registration to pay such Solicitors a reasonable fee (including V.A.T) in respect of each such document or instrument so produced and to deliver to the Lessor each executed Deed of Covenant hereinafter referred to And at the same time to lodge with the Lessor the certificate relating to the share in the Lessor Together with the Transfer of such share duly stamped into the name of the person to whom the title of this Lease shall have been devolved
 
(j) To ensure that any assignee or transferee shall irrevocably apply for membership of the Lessor and Any assignee or transferee shall execute a Deed of Covenant with the Lessor that the assignee or transferee and their successors in title will at all times from the date of the Assignment or Transfer pay all rent becoming due and all sums payable under the terms of this Lease and perform all the covenants restrictions and stipulations herein contained and on the part of the Lessee to be observed and performed to the same extent as if the assignee or transferee were the original Lessee party hereto and to pay the Landlord’s reasonable administrative costs and the Landlord’s solicitors reasonable fees (including VAT) in respect of the preparation of such document and work in connection therewith
 
(k) (i) Not at any time to assign underlet part with possession or share occupation of the demised premises except as a whole and not without the written consent of the Lessor to assign the demised premises to a Company or other corporate body and the Lessor to have an absolute discretion as to whether such consent should be given or not.
(ii) Save only in the following circumstances not to assign the demised premises to any person already holding a Lease of any property of which the Lessor is a Lessor:
(a) Where his assignee can show to the Directors of the Lessor that the said assignee is using his best endeavours to sell his own flat
(b) Where the Lessee intents to exchange the demised premises for premises on the Estate owned by another lessee of the Lessor
 
(l) At all reasonable times during the said term on 48 hours prior written notice except in emergency to permit the Lessor and its Lessees with workmen and others to enter into and upon the demised premises or any part thereof for the purpose of repairing any part of the Building and/or adjoining or contiguous premises and for the purpose of making repairing maintaining supporting rebuilding cleansing lighting and keeping in good order and condition all roofs foundations damp courses sewers drains pipes cables watercourses gutters wires party or other structures or other conveniences belonging to serving or used for the Building or any part thereof and also for the purpose of laying down maintaining repairing and testing drainage gas and water pipes and electric wires and cables and for similar purposes and also for the purpose of cutting off water to the demised premises of any other part of the Building in respect whereof the Lessee or occupier shall have made default in paying the share of the water rate attributable to the demised premises the Lessor or its Lessees (as the case may be) making good at their own expense all damage occasioned thereby to the demised premises
 
(m) At the expiration or sooner determination of the said term peaceably to surrender and yield up to the Lessor all and singular the demised premises together with all additions thereto and all Landlords’ fixtures and fittings (if any) in good tenantable repair and condition damage by any insured risk excepted
 
(n) To cover the floors of the demised premises (including parquet or hardwood floors if so required) with carpet or linoleum and in addition with felt or other material that will effectively deaden sound and place under all pianos and any other musical instruments sewing machines and other domestic appliances insulators of rubber or other suitable material for the same purpose provided that if the Lessor shall grant permission for parquet or hardwood flooring to be affixed to any floor of the demised premises it shall not be deemed thereby impliedly to waive this covenant suitably to cover the floors.
 
4. THE Lessee  HEREBY COVENANTS with the Lessor and with and for the benefit of the owners occupiers and lessees from time to time during the currency of the term hereby granted of the other flats or rooms comprised in the Building that the Lessee will
(i) Repair maintain uphold and keep the demised premises so as to afford all necessary support shelter protection and access to any part of the Building other than the demised premises except insofar as this shall be the responsibility of the Lessor under the Sixth Schedule hereto
(ii) Not to do or permit to be done any act or thing which may render void or voidable the policy or policies of insurance of the Building herein referred to
 
5. THE Lessor HEREBY COVENANTS with the Lessee as follows:-
 
(a) That the Lessee paying the rent hereby reserved and performing and observing the several covenants conditions and agreements herein contained and on the Lessee’s part to be performed and observed shall and may peaceably and quietly hold and enjoy the demised premises during the said term without any lawful interruptions or disturbance from or by the Lessor or any person rightfully claiming under or in trust for it
 
(b) That the Lessor will require the persons to whom they shall hereafter transfer or grant a lease or leases of flats and rooms comprised in the Building to covenant to observe the restrictions set forth in the First Schedule hereto and to enter into covenants and stipulations similar to those contained in Clauses 2 3 and 4 hereof and until the Lessor does so transfer or grant such a lease or leases of the flats or rooms as aforesaid the Lessor will nevertheless contribute the requisite contribution for each such flat or room calculated in accordance with Clause 7 (6) hereof towards the costs and expenses incurred in complying with the Sixth Schedule hereto
 
(c) Not without the passing of a Special Resolution to that effect
(i) To sell any vacant flats on the Estate or any parts of such flats to a Company or other corporate body
(ii) And save in the following circumstances to sell any vacant flats on the Estate or any part of such flats to any person already holding a lease of any property of which the Lessor is a Lessor:
(a) Where such a person can show to the Directors of the Lessor that he is using his best endeavours to sell his own flat
(b) Where the Lessee intends to exchange his existing flat for other premises on the Estate being sold by the Lessor
 
(d) That (if so required by the Lessee) it will enforce the covenants similar to those contained in Clause 2 3 and 4 hereof entered into or to be entered into by the transferees or lessees of the other flats or rooms comprised in the Building on the Lessee indemnifying the Lessor against all reasonable costs and expenses in respect of such enforcement (including in the case of any litigious proceedings the costs and expenses incurred as between a Solicitor and client) and first providing such security in respect of costs and expenses as the Lessor may reasonably require
 
(e) (i) The Lessor will at all times during the said term insure and (unless the policy or policies of insurance shall be vitiated by the neglect or default of the Lessee) keep insured the Building but not including tenants’ fixtures and fittings but including the lifts (and shall on demand and at the Lessee’s expense produce such policy and insurance receipt) against the usual risks including loss or damage by fire and all other risks usually described as property owners liability and such other risks (if any) as the Lessor or its Agents may think fit in a sum equal to the full reinstatement value of the Estate at the time of each annual renewal plus Architects Surveyors and all other professional fees (if any) and also two years loss of rent and will in the event of the Building or any part thereof being damaged or destroyed by fire or otherwise as soon as reasonably practicable apply or cause to be applied the insurance monies payable in respect thereof in repair rebuilding and reinstatement thereof
(ii) As often as the Building or any part thereof shall be destroyed or damaged by fire or any other insured risk forthwith to build repair redecorate and reinstate the same in good and substantial manner and if the money to be received under any such Policy of insurance shall be insufficient for that purpose to make good the deficiency out of the Lessor’s own moneys
 
(f) That while any of the other said flats or rooms shall not for the time being be let under a lease on the same terms as this Lease (Mutatis Mutandis) the Lessor shall be liable to make such payments and observe and perform such obligations as the lessee of such flat would be liable to make observe and perform if such flats were so let
 
6. THE Lessor FURTHER COVENANTS  with the Lessee and the Lessees for the time being of the other flats or rooms in the Building and with each of them to perform and observe the obligations and each of them set out in the Sixth Schedule hereto PROVIDED ALWAYS that the Lessor shall not in any circumstances be responsible for any damage caused by any defect in the Building or in any flat or rooms therein or in any fixture or in the garden and paths fences roads pipes wires cellar drains sewers or services thereof or repair needed thereto unless and until notice in writing of any such defect or want of repair has been bought to the notice of the Lessor and the Lessor has failed to make good or remedy the same within a reasonable time after the receipt of such notice BUT PROVIDED FURTHER that the Lessor shall not be responsible for any injury accident nuisance loss or damage which may at any time be done or occasioned to the Lessee its visitors servants or others or to the demised premises or any property thereon by reason of (a) any neglect or default of any occupier of any other flat or rooms in the Building or (b) any cessation or breakdown of any service over which the Lessor has no control save only that this proviso shall not apply where any injury damage costs claim and demand is covered by an insured risk under the Policy which shall not have been vitiated by the act or default of the Lessee
 
7. (1) The Lessor shall after the Twenty fifth day of December 2003 and thereafter from year to year make an estimate (“the estimate”) of the costs to be incurred by the Lessor in and about the performance of the covenants and conditions hereinbefore referred to for each year such estimate to be made as soon as reasonably practicable after the Twenty Ninth day of September in each year of the said term and in respect of the estimate the Lessor shall take into account all costs relating to the management of the Estate including the costs expenses outgoings and matters referred to in the Sixth Schedule hereto
 
(2) For the purposes hereof the costs expenses and outgoings incurred by the Lessor as aforesaid during the relevant accounting year of the Lessor shall be deemed to include not only the costs expenses and outgoings which have been actually disbursed incurred or made by the Lessor during the relevant year in respect of the above-mentioned expenditure but also such sum or sums on account of any other costs expenses and outgoings (not being of an annually recurring nature) which the Lessor shall have incurred at any time prior to the commencement of the relevant year or shall anticipate incurring at any time after the end of the relevant year in respect of the said expenditure as the Lessor’s Accountants may in their absolute discretion consider it reasonable to include (whether by way of amortisation of costs expenses and outgoings already incurred or by way of provision for anticipated future costs expenses and outgoings) in the amount of the estimate for the relevant year
 
(3) The Lessee hereby covenants with the Lessor that the Lessee shall pay to the Lessor by four equal quarterly payments in advance on the usual quarter days in each year after the said Twenty fifth of December Two Thousand and Three such sum being part of the amount of the estimate in the proportions as set out in such estimate the proportions to be calculated in the manner set out in sub-clause (6) of this clause the first payment to include a proportion for the period from the date of this Lease to the day of Two thousand and four PROVIDED ALWAYS and it is hereby agreed and declared that if the Lessor (in the case of emergency) require payment of the sum due in any year or if additional sums are required to enable the Lessor to perform its covenants hereunder whether in respect of any period before or after the estimate then the Lessee covenants to pay the Lessor such sum as the Lessor or its Accountants certify in the same proportion as above as necessary within Twenty one days of notice being served on the Lessee
 
(4) Any sum of money payable by the Lessee to the Lessor under the provisions of the last preceding sub-clause hereof shall be deemed to:-
 
(a) be a debt due to the Lessor from the Lessee as from the termination of 21 days notice hereinbefore referred to as the Lessee hereby acknowledges and admits
(b) any such sums of money such be recoverable forthwith by action
(c) any such sums of money shall attract interest on them during the debt under the provisions of Clause 7 (4) (a) of this Lease until payment by the Lessee at the rate of 4% above the base rate of Lloyds TSB Bank Plc from time to time
 
(5) The Lessor shall keep an account of income received and of the expenditure incurred by the Lessor in each year ending on the Twenty fifth day of December or in respect of the performance of the said covenants and conditions and the costs expenses and outgoings and matters referred to in the Sixth Schedule hereto or otherwise imposed on the Lessor and such account and supporting invoices shall be open to inspection by the Lessee after reasonable notice in writing to the Lessor and as soon as reasonably practicable the said account of expenditure shall be audited by the Lessor’s Accountants whose written opinion shall be conclusive evidence of all expenditure PROVIDED ALWAYS that the said money so paid by the Lessee under the preceding clause will be used to maintain the Estate including the demised premises and the Lessor will on the giving of the said written opinion account fully to the Lessee for all monies so expended on the Estate and the Lessee can object (such objection not be unreasonable) to such estimate and accounts whereupon the objection will be referred to arbitration under the Arbitration Act 1950 or any statutory modification or replacement thereof or substitution therefore but this proviso will apply only so far as the Lessees own contribution and estimate is concerned and not to the estimate and charge for the Estate as a whole
 
(6) The proportion attributable to the demised premises will be the same proportion as the rateable value from time to time of the demised premises bears to the rateable value of the whole of the Estate PROVIDED THAT
 
(1) Where in the first year following the acquisition of the Estate the Lessor has granted leases of flats or rooms on the Estate at a premium then subject to the payment of the costs of acquisition of the Estate and all expenses in connection therewith the Lessor shall set all such premiums against the expenses incurred in the discharge of its obligations under the Sixth Schedule or otherwise contained in this Lease
(2) Where in any year apart from the said first year the Lessor has granted leases at a premium the Lessor may at its own discretion set the proceeds or any portion thereof against the expenses incurred in discharge of its obligations under the Sixth Schedule or otherwise contained in this Lease thereby reducing the expenses attributable to the Lessee
 
(7) For the purpose of calculating the proportion mentioned in sub-clause (6) hereof the Lessor shall be assessed as if it were the occupier where the actual occupier is not liable to pay a service or maintenance charge or where any flat in a block of flats is vacant such assessment to be paid in accordance with sub-clause 5(f) hereinbefore contained
 
(8) The Lessor shall pay all sums paid in accordance with this Clause into a Maintenance Account and shall pay thereout all monies properly payable as aforesaid and shall hold the balance (if any) in the Maintenance Account upon trust to apply the same for the purposes aforesaid if and insofar as any monies received by the Lessor from the Lessee during any financial year in accordance with this clause are not actually expended by the Lessor during the relevant year on any of the heads of expenditure particulars whereof are set out in the said Sixth Schedule or elsewhere in this Lease and are not otherwise dealt with so as to be an allowable expense in calculating the Lessor’s income for tax purposes for that year the Lessor shall hold those monies upon trust to expend them in subsequent years on such heads of expenditure and subject thereto upon trust for the Lessee absolutely
 
(9) IF at any time hereafter before or after the expiration or sooner determination of the said term any dispute doubt or question shall arise between the parties hereto or any of them touching the construction meaning or effect of this Lease or any clause or thing herein contained or their respective rights or liabilities under this Lease or otherwise in relation to the demised premises then such dispute doubts or question shall be referred to the arbitration of an independent person to be appointed in default of agreement by the President for the time being of the Law Society and this Lease shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force
 
9. PROVIDED ALWAYS AND IT IS HEREBY AGREED that if the rent hereby reserved or any part thereof shall be unpaid for Twenty one days after becoming payable (whether formally demanded or not) or if any covenant on the part of the Lessee herein contained shall not be performed or observed then and in any such case it shall be lawful for the Lessor at any time thereafter to re-enter upon the demised premises or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to any right of action or remedy or the Lessor in respect of any antecedent breach or any of the Lessee’s covenant or the conditions herein contained
 
10. IT IS HEREBY DECLARED as follows:-
 
(1) That every internal wall separating the Flat as the case may be from an adjoining flat shall be a party wall severed medially
(2) That the expression “Lessor” and “Lessee” where the context so admits include respectively their respective successors in title and that where the Lessee consists of two or more persons all covenants by and with the Lessee shall be deemed to be by and with such persons jointly and severally and in this Lease words importing the masculine gender include also the neuter and the feminine gender and words importing the singular number include also the plural number
 
IN WITNESS whereof the Lessor has caused its Common Seal to be hereunto affixed and the Lessee has hereunto set his hand the day and year first above written.
 
THE FIRST SCHEDULE above referred to
 
Restrictions imposed in respect
of the demised premises
 
1. Not to use the demised premises or permit the same to be used for any purpose whatsoever other than as a private dwellinghouse only nor for any purpose from which a nuisance can arise to the owners and lessees and occupiers of other flats or rooms comprised in the Building nor to the neighbourhood nor for any illegal or immoral purpose
 
2. Not to do or permit to be done any act or thing which may render void or voidable any policy of insurance on any flat in or part of the Estate or may cause an increased premium to be payable in respect thereof
 
3. Not to throw dirt rubbish or other refuse or permit the same to be thrown into the sinks baths lavatories cisterns or waste or soil pipes in the demised premises
 
4. No piano pianola gramophone wireless television loud-speaker or mechanical or other musical instrument of any kind shall be played or used nor shall any singing be practised in the demised premises so as to cause annoyance to the owners lessees and occupiers of the other flats or rooms comprised in the Building or so as to be audible outside the demised premises between the hours of eleven p.m. and nine a.m.
 
5. No name writing drawing signboard plate or placard of any kind shall be put on or in any window on the exterior of the demised premises or so to be visible from outside the demised premises and no bird dog or other animal which may cause annoyance to any owner lessee or occupier of the other flats or rooms comprised in the Building shall be kept in the demised premises
 
6. No external wireless or television aerial shall be erected save at the Lessor’s discretion but this restriction shall not apply where such aerials already exist
 
7. To observe and perform any stipulations covenants and conditions under which the Lessor holds the Building
 
8. Not to underlet or part with possession of or share occupation of the demised premises or permit any Underlessee of the demised premises to sub-let or part with possession or share the demised premises either furnished or unfurnished for all or any part of the term hereby granted without the consent in writing of the Lessor
 
THE SECOND SCHEDULE above referred to
Easements rights and privileges
 
1. (a) Full right and liberty for the Lessee and all persons authorised by him (in common with all other persons entitled to the like right) at all times by day or night and for all purposes to go pass and repass over and along any common forecourt and any common entranceways passageways lifts landings and staircases leading to the demised premises
 
(b) Full rights to use the communal garden forming part of the Estate for recreation purposes only and not to cause any nuisance annoyance or damage in respect of exercising such right
 
2. (a) The right to subjacent and lateral support and to shelter and protection
from the other parts of the Building and from the side and roof thereof
 
(b) Access to any existing meters affecting the demised premises and situate on property forming part of the Estate for the purpose of inspection maintenance and repairing thereof.
 
3. The free and uninterrupted passage and running of water and soil gas and electricity from and to the demised premises through the sewers drains and watercourses cables pipes and wires which are now or may at any time hereafter during the term hereby granted be in under or passing through the Building or the Estate or any part thereof.
 
4. The right for the Lessee with servants workmen and others at all reasonable times on three days’ previous notice in writing to the Lessor (except in the case of emergency) to enter into and upon other parts of the Building for the purpose of repairing cleansing maintaining or renewing the demised premises and any such sewers drains and watercourses cables pipes and wires as aforesaid and of laying down any new sewers drains and watercourses cables pipes and wires causing as little disturbance as possible and making good any damage caused
 
5. The benefit during the term hereby granted of the covenants entered into or to be entered into with the Lessor by the Lessees of the other flats in the Building similar to those contained or referred to in clauses 2 3 and 4 hereof and the rights to enforce such covenants
 
THE THIRD SCHEDULE above referred to
Exceptions and reservations
 
THERE is Excepted and Reserved in fee simple out of this Lease to the Lessor and the owners and lessees of any other flats or rooms comprised in the Building and also in the Lessor’s adjoining properties:-
 
(a) All easements rights and privileges over along and through the demised premises equivalent to those set forth in paragraphs 2 3 and 4 of the Second Schedule to this Lease
 
(b) Access to any existing meters for the purposes of inspection maintenance and repairing thereof
 
(c) The right for the Lessor with servants workmen and others at all reasonable times on three days previous notice in writing (except in the case of emergency) to enter into the demised premises and upon other parts of the Building for the purpose of repairing maintaining renewing or rebuilding the demised premises or any part of the Building giving subjacent or lateral support shelter and protection to the demised premises causing as little damage and disturbance to the Lessee as reasonably possible and making good forthwith all damage actually caused at the expense of the person exercising that right.
 
THE FOURTH SCHEDULE above referred to
 
NAME: ………………………………………….
 
ADDRESS: …………………………………….
 
THE FIFTH SCHEDULE above referred to
 
ALL THOSE rooms comprising flat number …. situate on the ….. floor of the building known as ... ......... Mansions, ……….., London NW.. up to and including the ceiling plaster and including the floors (but excluding the ceiling plaster (if any) of the flat below) and including the plaster of the external walls and further including the internal walls dividing the rooms and parts of the flat and one half (severed vertically) of the internal walls of the flat dividing the flat from any other flat or common parts of the Building
 
THE SIXTH SCHEDULE above referred to
Services supplied to the Estate by the Lessor
 
Subject to the due performance by the Lessee of his obligations to contribute to the costs charges and expenses of the Lessor as herein provided:-
 
1. The Lessor will whenever it considers it reasonably necessary maintain repair paint redecorate renew and keep in clean and proper order and condition
 
(a) The external walls and structures and in particular the main load bearing walls and foundations roof main timbers storage tanks gutters and rainwater pipes and window frames of the Building and Estate
 
(b) The gas and water pipes stacks ventilation pipes drains and electric cables and wires in under and upon the Estate and enjoyed or used by the Lessee in common with the lessees and tenants of the other flats and rooms in the Building and Estate
 
(c) The main entrance halls common passages landings staircases and lifts and outer surface of the entrance door to each flat or rooms and all other parts of the Building and Estate so enjoyed or used by the Lessees in common aforesaid supplying all materials and labour necessary for this purpose
 
2. The Lessor will pay all water rates assessed or charged upon the Building and Estate and further pay all rates taxes insurance premiums outgoings electricity charges and impositions in respect of those parts of the Estate (including staff accommodation and common parts) that are not included in any individual Lease to a tenant or lessee of any other flat or rooms in the Building.
 
3. The Lessor will so far as practicable keep clean and reasonably lighted the main entrances common passageways landings staircases lifts and other parts (including all windows in the common parts) of the Building and Estate so enjoyed or used by the Lessee in common as aforesaid provided that the Lessor shall be under no liability for injury to the Lessee or to any other person or persons using the said common parts other than as hereinbefore provided
 
4. The Lessor will in every fifth year of the term decorate the external parts of the Building in the manner in which the same were previously decorated or as near thereto as circumstances permit and in particular will paint the external parts of the Building usually painted with two coats of good paint in a proper and workmanlike manner once in every five years
 
5. The Lessor will use its best endeavours to obtain the regular collection and removal by the municipal authority concerned of the Lessee’s domestic refuse but without being responsible for the omission or failure of such authority to so collect and remove such refuse and maintain a daily collection from the flat of such domestic refuse
 
6. The Lessor will in its discretion and if installed maintain and renew where necessary (a) a television aerial system (b) an entry phone system and in the case of (a) and (b) above will pay all the proper charges in connection therewith
 
7. (A) The Lessor will pay and discharge all accounts for all works and services executed or undertaken by any firm company or person engaged or employed by the Lessor in its performance and observance of its obligations and each of them under this Schedule and further the wages and remuneration of such staff employed by the Lessor as herein provided whose wages and remuneration shall be such as shall from time to time be determined by the Lessor as fair and equitable and shall in any event be deemed to include:
 
(a) Such sums as from time to time represent the current market rack rental of any and every flat or flats occupied from time to time by resident staff which current market rental values shall be of such amounts as shall from time to time be determined by the Lessor’s Agents for the time being
(b) The amounts of the general and water rates from time to time actually payable in respect of every such flat as aforesaid
(c) Such annual sums as shall be necessary to keep and maintain the interior of each flat aforesaid in substantial repair and good decorative condition
 
(B) The Lessor will at all times pay and discharge all sums and perform and observe all agreements and/or covenants by the Lessor contained in any Agreement or Lease of any flat (whether such flat or rooms shall be within the Building or not) or other accommodation which shall be held by the Lessor at its discretion for any of the staff of the Lessor employed by it in connection with the Lessor’s performance and observance of its obligations under this Schedule or any of them
 
8. The Lessor will well and substantially maintain and repair all party walls and fences belonging to the Building and the Estate
 
9. The Lessor will maintain and keep clean and tidy the communal gardens and areas to the Building and Estate and employ such staff as may be necessary for this purpose
 
10. The Lessor will but without prejudice to the foregoing do or cause to be done all such works installations acts matters and things as may be in the Lessor’s absolute discretion be necessary or advisable for the proper maintenance safety amenity and administration of the demised premises the Building and the Estate including (but without prejudice to the generality of the foregoing) the employment of porters and other necessary staff and the provision of such equipment uniforms telephones and other such requirements as the Lessor considers necessary for the said porters or other staff to carry out their duties efficiently and economically and further (but without prejudice to the generality of the foregoing) the appointment of managing or other Agents Surveyors and Accountants and the payment of proper fees in connection with the supervision and performance of the Lessor’s covenants herein contained.
 
11. The Lessor will do and execute or cause to be done and executed all such works as under or by virtue of any Act or Acts or Parliament for the time being in force or any regulations or orders made pursuant thereto and whether directed by any Government Local Statutory or Sanitary Authority or other body howsoever are or shall be directed or necessary to be done or executed upon or in respect of the Estate (including the Building) or any part thereof other than the demised premises (whether by the owner landlord lessee tenant or occupier thereof)
 
12. The Lessor will maintain where such already exists all boilers hot water pipes cold water tanks central heating and other apparatus ancillary to any of those services PROVIDED THAT the Lessor will not be responsible for such equipment as services the demised premises alone PROVIDED FURTHER THAT the Lessor shall have absolute power upon giving no less than twelve months written notice to the Lessee to discontinue any of these services
 
13. The Lessor will maintain the existing lifts in good working order and where necessary at its discretion replace the same
 
14. The Lessor shall provide such services to the Lessee as it is bound to provide to the existing tenants of the building at the date of the grant of this Lease
 
 
 
 
THE COMMON SEAL of B.A.M. ESTATE         )
LIMITED was hereunto affixed                          )
In the present of:-                                            )
 

DIRECTOR
 
 
SECRETARY
 
 
 
 
 
SIGNED AS A DEED BY                                )
the said …………………………………………… )
in the presence of                                           )